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Antiwork

A rant/query for the validity of “time-bound bond clause” during employment

A long time lurker in this community and this is my first post here. I'm from India btw where the labour laws are hazy af in any industry especially if you're a salaried white-collared employee. I work in IT as a designer now but till a few years ago I used to work with this major automotive OEM (original equipment manufacturer) as a design engineer and started working right out of college. In that specific company there was a clause in our employment that if we leave before completing 3 years of service we have to pay a sum (almost equal to the yearly salary I was drawing at that point) in order to get an “experience certificate” that yes, I was an employee there and with all details pertaining to my employment there. Tbf, I could walk-out anytime I wanted to during those 3 years but most of these…


A long time lurker in this community and this is my first post here. I'm from India btw where the labour laws are hazy af in any industry especially if you're a salaried white-collared employee.

I work in IT as a designer now but till a few years ago I used to work with this major automotive OEM (original equipment manufacturer) as a design engineer and started working right out of college. In that specific company there was a clause in our employment that if we leave before completing 3 years of service we have to pay a sum (almost equal to the yearly salary I was drawing at that point) in order to get an “experience certificate” that yes, I was an employee there and with all details pertaining to my employment there. Tbf, I could walk-out anytime I wanted to during those 3 years but most of these other companies who were hiring would ask for this “experience letter or certificate” in order to confirm that I did in-fact work there. And this is propagated industry-wide here and there is some form of background-check during employment search.

So, coming back to the title of my post. Like I said, I had a 3 year clause and they would only give that letter of employment only if I coughed up the cash. This is somehow narrowly legal because they chalk it up to “training costs” for me working there and them providing me training me to do so. But I have seen cases in the last where people have sued the company and gotten damages paid to them from the company along with this experience letter. But it usually takes a long time and Indian judicial system is one of the slowest for everyday folks like me, the hassle isn't worth it. People sometimes leave and don't pay and consequently don't get this letter to them but they have to go through a lot of trouble if some future employer ask for proof.

And when I say narrowly legal, this doesn't come under a “bonded-labour” scenario which is a form of slavery and is illegal and my forefathers fought hard to get their independence from these sort of systems (and from the British, of course).

So, how prevalent is this modern-day slavery where you work?

Few other things that a salaried worker today has to endure in India-

  1. A 3 months notice period in case you quit. It's either that or pay them 3 months worth of salary to leave. Future employers sometimes take care of this and pay up if they feel you're important enough (either ways seems like a scam even when the company paying up that said cash also has a 3 months notice period)

  2. Most manufacturing industries have a borderline legal leave policy where your medical leave is part of your standard 21 days of leave (which is mandated by the government in the labour laws). If you get injured on the job, it is coming out of your pocket lol.

There are many more and this post is already long enough, so stopping it here.

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